Urgent Action on Domain Land, Building Permits and Infrastructure
I am addressing the people of St. Maarten first, as well as those residing with us temporarily and our visitors, because you are the ones who help keep our economy strong and vibrant. I will be brief and direct on a few matters that must be addressed without delay in the best interest of our people, our wellbeing, our growth and our economy.
1. Global complexities, nation building and putting our people first
With all the global complexities playing out in countries around the world, we are seeing once again the importance of nation building. The United States, Canada, the European Union, the Middle East, Africa, China and the rest of the world are being forced to refocus on their people, their economies and their sovereignty.
St. Maarten and the Caribbean region are no exception. Because of these global shifts, the Caribbean is becoming an increasingly safe and attractive destination. With the internet and social media, information is at our fingertips and no one is exempt from what is happening around us.
This means more eyes are on St. Maarten, more competition, more outside influence and more pressure. If we do not proactively address our issues now, it will be to the detriment of our people and our economy. A declining economy affects every aspect of nation building.
And so I say clearly: we must focus on protecting the overall wellbeing of our people. Nation building, at its core, starts with our own people first.
2. Know who we are, where we came from and where we are going
As a people and a nation, we must understand where we came from, where our economy stands today and where we are going. Knowing who we are, what we want and the direction we must take is critical to planning, foresight and vision.
We are at a very important crossroads. Being decisive and productive is now a matter of survival. We must safeguard our children’s future and secure the wellbeing of our seniors, who sacrificed to help build St. Maarten.
Our reality, culture, history and practices are part of how we developed this country. The unwritten rules and practices that shaped our way of life for decades cannot simply be erased by those who do not understand how we achieved what we have.
Of course, we need proper planning, structure, cooperation among stakeholders, economic development, spatial planning, education, social planning and good governance. That must always be the order of the day.
3. Matters that must be addressed immediately: the Didam Arrest and domain land for dwelling in own use
The Didam Arrest and the issue of domain land designated for dwelling in own use should serve as a serious warning to our people.
Domain land belongs to the people of St. Maarten. It was granted in long lease so that families could build homes. But let me speak directly to the people of St. Maarten, with love and with a serious warning.
The reality is that for more than 40 years, many local families who received domain land for the purpose of constructing a dwelling for their own use invested their life savings to build more than one residential unit. Families built rental apartments adjacent to, attached to, on the ground floor of or above their homes.
Why? So they could afford to send their children to school. So they could pay their bills. So they would not have to depend on government for social welfare. This is how many families survived. This is how we helped build this country. This is part of our culture.
There are now court cases, including matters involving the Didam Arrest, that seek to define the issuance and use of domain land designated for dwelling in own use strictly on paper.
Let me stress this clearly: as a people, we are not afraid that what has already been built can suddenly disappear. These structures already exist by the thousands. They are real. They are on the ground and have supported families for generations.
What concerns us is the possibility that court verdicts can be influenced by how a case is presented when the full reality and context of St. Maarten are not placed before the court.
Before making rulings, it is very important that the court and judges have the opportunity to consider all relevant aspects of such cases. This includes St. Maarten’s realities, practices, culture and what already exists and has been developed on our island by those who came before us, including our parents, grandparents and ancestors.
All of this should be placed before the court as context, facts and evidence where relevant. Rather than rushing to a conclusion in any particular case, the full circumstances should be thoroughly considered.
In matters involving domain land, the Didam Arrest and the issuance of building permits, government must also play its role before a ruling by providing the necessary information, not only after a court decision has already been made.
A ruling made without the full picture could ultimately be to the detriment of the people of St. Maarten and everything they have invested and sacrificed for their families and future generations.
Swift processing of building permits
We must urgently improve the processing of building permits, especially for straightforward matters such as constructing a family home or facilitating economic investment.
Delays can cost jobs and discourage investment. That is why I believe we need a two-person “Fast Lane” unit operating through our community centers to assist with simpler applications and help move them through the process more efficiently.
Road network, infrastructure and public safety
Our roads and sidewalks must support the development we approve and must be safe for everyone. This requires serious attention.
There was reportedly an incident on the island in which a tourist was injured after accidentally stepping into a pothole on a sidewalk. The tourist has reportedly initiated a financial claim against the Government of St. Maarten.
Should government ultimately lose such a case and compensation be awarded, that ruling could establish jurisprudence that may be relied upon in similar cases.
The money paid out would ultimately come from public funds contributed by the tax-paying people of St. Maarten.
And what happens next? If a local resident is injured because of a pothole in St. Peters, Dutch Quarter, Cole Bay or Sucker Garden, that person could also bring a case and rely on similar legal arguments.
This is why infrastructure maintenance is not only about convenience. It is also about protecting our Treasury and our people.
Investment and employment
We must facilitate investments that create jobs for our people. In education, we must invest heavily in higher learning and vocational training so our people are prepared to play leading roles in our local economic development.
Protect our way of life from outside pressure
We must be careful and fully aware of the decisions we take as a country. Quick decisions made without proper research and without involving people who have the necessary knowledge and experience have proven harmful to our people and economy.
We must recognize the dangers that can arise when groups pursue their own agendas, when individuals seek to undermine what took generations to build, and when outside influences negatively affect our growth and way of life.
When personal agendas fail within our communities, the court system can sometimes become another avenue through which results are sought. If the complete picture is not presented to the judge, the resulting rulings can still have major consequences for our people and for what generations have sacrificed to build for their children.
Closing: nation building starts with our people
St. Maarten was built by a proud, hardworking, ambitious and self-made people. We built our homes with our own hands, often without bank mortgages, with our children’s future in mind.
So, people of St. Maarten, I am calling on you with love and concern: please pay attention.
What we have built cannot simply be erased. But what we allow to happen in court without presenting all relevant facts can establish precedents that affect us today and generations into the future.
We cannot allow outside forces to dictate and change our way of life without considering the realities of St. Maarten. The responsibility to shape our future belongs to us, acting in the best interest of all.
What we need now is to put our people first, take stock of what already exists, defend the realities surrounding “dwelling for own use” with facts, demand thorough consideration in court, fix our infrastructure, and properly, professionally, honestly and realistically advise residents and developers about what can be built in every district, neighborhood and area.
We must protect our culture, plan with foresight and vision, and place the people of St. Maarten first.
The future of our country and nation depends on the decisions we make today.
Achken Roberto Richardson